941.291(4)(d)
(d) If a court grants a request for an exemption under
par. (c), the court shall issue a written order of exemption to the person who requested the exemption. The exemption is valid only in the county in which the court is located. If the exemption is a partial exemption, the order shall specify the circumstances under which the person may possess body armor, the locations in which the person may possess body armor, or, if applicable, both. The person granted the exemption shall carry a copy of the order of exemption at all times during which he or she is in possession of body armor. The clerk of the circuit court shall send a copy of the order of exemption to the county sheriff and, if applicable, to the chief of police of a city, village, or town in the county in which the person will possess the body armor.
941.291(5)
(5) Exemption based on request of law enforcement agency for certain witnesses and informers. A person who is otherwise prohibited from possessing body armor under
sub. (2) may wear body armor if the person is furnishing or has furnished information to a law enforcement agency relating to a possible violation of law or is assisting or has assisted a law enforcement agency in an investigation of a possible violation of law and is wearing the body armor at the request or direction of the law enforcement agency.
941.291(5m)
(5m) Exemption based on request by certain witnesses and informers. 941.291(5m)(a)(a) A person who is otherwise prohibited from possessing body armor under
sub. (2) may possess body armor if all of the following apply:
941.291(5m)(a)2.
2. The law enforcement agency to which the person is furnishing or has furnished information or to which the person is providing or has provided assistance determines that there is reason to believe that the person may be in danger of suffering death or great bodily harm because he or she is furnishing or has furnished information or because he or she is assisting or has assisted or is assisting in an investigation.
941.291(5m)(a)3.
3. The law enforcement agency to which the person is furnishing or has furnished information or to which the person is providing or has provided assistance approves of the person's request to possess body armor under
par. (b).
941.291(5m)(b)
(b) A person seeking an exemption under this subsection from the prohibition under
sub. (2) shall request the exemption from the law enforcement agency to which the person is furnishing or has furnished information or to which the person is providing or has provided assistance. The law enforcement agency may deny the request for an exemption, grant a complete exemption from the prohibition, or grant a partial exemption by allowing possession of body armor only under certain specified circumstances or in certain locations or both. If the law enforcement agency grants a request for an exemption under this subsection, it shall keep a written record of the exemption. If the exemption is a partial exemption, the record shall specify the circumstances under which the person may possess body armor, the locations in which the person may possess body armor, or, if applicable, both. A written record relating to an exemption granted by a law enforcement agency under this subsection is not subject to inspection or copying under
s. 19.35 (1), except that a written record shall, upon request, be disclosed to another law enforcement agency or a district attorney, if the other law enforcement agency or the district attorney is investigating or prosecuting an alleged violation of
sub. (2) or to the person to whom the exemption was granted.
941.291(6)
(6) Exemption from prohibition for certain prisoners. A person who is prohibited from possessing body armor under
sub. (2) may wear body armor if he or she is in the actual custody of a law enforcement officer, as defined in
s. 165.85 (2) (c), or a correctional officer, as defined in
s. 102.475 (8) (a), and is wearing the body armor at the request or direction of the law enforcement officer or correctional officer.
941.292
941.292
Possession of a weaponized drone. 941.292(1)
(1) In this section, "drone" means a powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide vehicle lift, and can fly autonomously or be piloted remotely. A drone may be expendable or recoverable.
941.292(2)
(2) Whoever operates any weaponized drone is guilty of a Class H felony. This subsection does not apply to a member of the U.S. armed forces or national guard acting in his or her official capacity.
941.292 History
History: 2013 a. 213.
941.295
941.295
Possession of electric weapon. 941.295(1c)(a)
(a) "Electric weapon" means any device which is designed, redesigned, used or intended to be used, offensively or defensively, to immobilize or incapacitate persons by the use of electric current.
941.295(1m)
(1m) Whoever sells, transports, manufactures, possesses or goes armed with any electric weapon is guilty of a Class H felony.
941.295(2)
(2) Subsection (1m) does not apply to any of the following:
941.295(2)(a)
(a) Any peace officer. Notwithstanding
s. 939.22 (22), for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.
941.295(2)(b)
(b) Any armed forces or national guard personnel while on official duty.
941.295(2)(c)
(c) Any corrections personnel in a county or in the department of corrections while on official duty.
941.295(2)(d)
(d) Any manufacturer or seller of electric weapons, unless the manufacturer or seller engages in the conduct described in
sub. (1m) with the intent to provide an electric weapon to someone other than one of the following:
941.295(2)(d)2.
2. A person for use in his or her dwelling or place of business or on land that he or she owns, leases, or legally occupies.
941.295(2)(e)
(e) Any common carrier transporting electric weapons.
941.295(2g)
(2g) The prohibition in
sub. (1m) on possessing or going armed with an electric weapon does not apply to any of the following:
941.295(2g)(b)
(b) An individual who goes armed with an electric weapon in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies.
941.295(2r)
(2r) The prohibition in
sub. (1m) on transporting an electric weapon does not apply to any of the following:
941.295(2r)(b)
(b) An individual who is not a licensee or an out-of-state licensee who transports an electric weapon if the electric weapon is enclosed within a carrying case.
941.295(3)
(3) During the first 30 days after May 7, 1982, the electric weapons may be surrendered to any peace officer. Peace officers shall forward electric weapons to the crime laboratories if the retention of those weapons is not necessary for criminal prosecution purposes.
941.296
941.296
Use or possession of a handgun and an armor-piercing bullet during crime. 941.296(1)(a)
(a) "Armor-piercing bullet" means a bullet meeting any of the following criteria: any projectile or projectile core that may be fired from any handgun and that is constructed entirely, excluding the presence of traces of other substances, from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper or depleted uranium.
941.296(2)
(2) Whoever uses or possesses a handgun during the commission of a crime under
chs. 939 to
948 or
961 is guilty of a Class H felony under any of the following circumstances.
941.296(2)(a)
(a) The handgun is loaded with an armor-piercing bullet or a projectile or projectile core that may be fired from the handgun with a muzzle velocity of 1,500 feet per second or greater.
941.296(2)(b)
(b) The person possesses an armor-piercing bullet capable of being fired from the handgun.
941.2965
941.2965
Restrictions on use of facsimile firearms. 941.2965(1)(1) In this section, "facsimile firearm" means any replica, toy, starter pistol or other object that bears a reasonable resemblance to or that reasonably can be perceived to be an actual firearm. "Facsimile firearm" does not include any actual firearm.
941.2965(2)
(2) No person may carry or display a facsimile firearm in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person. Whoever violates this section is subject to a Class C forfeiture.
941.2965(3)
(3) Subsection (2) does not apply to any of the following:
941.2965(3)(a)
(a) Any peace officer acting in the discharge of his or her official duties. Notwithstanding
s. 939.22 (22), this paragraph does not apply to a commission warden.
941.2965(3)(b)
(b) Any person engaged in military activities, sponsored by the state or federal government, acting in the discharge of his or her official duties.
941.2965(3)(c)
(c) Any person who is on his or her own real property, in his or her own home or at his or her own fixed place of business.
941.2965(3)(d)
(d) Any person who is on real property and acting with the consent of the owner of that property.
941.2965 History
History: 1993 a. 191;
1993 a. 491 s.
262; Stats. 1993 s. 941.2965;
2007 a. 27.
941.297
941.297
Sale or distribution of imitation firearms. 941.297(1)(1) In this section, "look-alike firearm" means any imitation of any original firearm that was manufactured, designed and produced after December 31, 1897, including and limited to toy guns, water guns, replica nonguns, and air-soft guns firing nonmetallic projectiles. "Look-alike firearm" does not include any imitation, nonfiring, collector replica of an antique firearm developed prior to 1898, or any traditional beebee, paint-ball or pellet-firing air gun that expels a projectile through the force of air pressure.
941.297(2)
(2) Beginning November 1, 1992, no person may sell or distribute any look-alike firearm. Whoever violates this subsection is subject to a Class A forfeiture.
941.297(3)
(3) This section does not apply to the sale or distribution of a look-alike firearm that complies with the marking or waiver requirements under
15 USC 5001 (b).
941.297 History
History: 1991 a. 155.
941.298(1)(1) In this section, "firearm silencer" means any device for silencing, muffling or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating such a device, and any part intended only for use in that assembly or fabrication.
941.298(2)
(2) Whoever sells, delivers or possesses a firearm silencer is guilty of a Class H felony.
941.298(3)
(3) Subsection (2) does not apply to sales or deliveries of firearm silencers to or possession of firearm silencers by any of the following:
941.298(3)(a)
(a) Any peace officer who is acting in compliance with the written policies of the officer's department or agency. This paragraph does not apply to any officer whose department or agency does not have such a policy. Notwithstanding
s. 939.22 (22), this paragraph does not apply to a commission warden.
941.298(3)(b)
(b) Any armed forces or national guard personnel, while in the line of duty.
941.299
941.299
Restrictions on the use of laser pointers. 941.299(1)(b)
(b) "Laser pointer" means a hand-held device that uses light amplification by stimulated emission of radiation to emit a beam of light that is visible to the human eye.
941.299(2)
(2) No person may do any of the following:
941.299(2)(a)
(a) Intentionally direct a beam of light from a laser pointer at any part of the body of a correctional officer, law enforcement officer, or commission warden without the officer's consent, if the person knows or has reason to know that the victim is a correctional officer, law enforcement officer, or commission warden who is acting in an official capacity.
941.299(2)(b)
(b) Intentionally and for no legitimate purpose direct a beam of light from a laser pointer at any part of the body of any human being.
941.299(2)(c)
(c) Intentionally direct a beam of light from a laser pointer in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another person.
941.299(2)(d)
(d) Intentionally direct a beam of light from a laser pointer in a manner that, under the circumstances, tends to disrupt any public or private event or create or provoke a disturbance.
941.299(3)(c)
(c) A person may be charged with a violation of
sub. (2) (a) or
(b) or both for an act involving the same victim. If the person is charged with violating both
sub. (2) (a) and
(b) with respect to the same victim, the charges shall be joined. If the person is found guilty of both
sub. (2) (a) and
(b) for an act involving the same victim, the charge under
sub. (2) (b) shall be dismissed and the person may be sentenced only under
sub. (2) (a).
941.299 History
History: 1999 a. 157;
2007 a. 27.
OTHER DANGEROUS INSTRUMENTALITIES
AND PRACTICES
941.30
941.30
Recklessly endangering safety. 941.30(1)
(1)
First-degree recklessly endangering safety. Whoever recklessly endangers another's safety under circumstances which show utter disregard for human life is guilty of a Class F felony.
941.30(2)
(2) Second-degree recklessly endangering safety. Whoever recklessly endangers another's safety is guilty of a Class G felony.
941.30 History
History: 1987 a. 399;
2001 a. 109.
941.30 Note
Judicial Council Note, 1988: Sub. (1) is analogous to the prior offense of endangering safety by conduct regardless of life.
941.30 Note
Sub. (2) is new. It creates the offense of endangering safety by criminal recklessness. See s. 939.24 and the NOTE thereto. [Bill 191-S]
941.30 Annotation
A bomb scare under s. 947.015 is not a lesser included crime of recklessly endangering safety. State v. Van Ark,
62 Wis. 2d 155,
215 N.W.2d 41 (1974).
